An amendment (Bill) to the latest Youth Rates to include 'Contractors'.
Its new law but they are changing it!!! Beware.
Minimum Wage and Remuneration Amendment Bill
There is before Parliament a private members bill called the "Minimum Wage and Remuneration
Amendment Bill", introduced by Darien Fenton, Labour List Member and Member of the
Transport and Industrial Relations Parliamentary Committee which will in effect
guarantee a contractor (rather than an employee) a minimum return for the work they
have done. This will be irrespective of what may have been agreed between the contractor
and the principal prior to the work being undertaken.
It has yet to be passed and therefore may be changed, but in whatever form it passes
in the effect will generally be the same.
Purpose
The aim of the Bill is to amend the Minimum Wage Act 1983 (the Act) to extend its
provisions to apply to payments under a contract for services that are remunerated
at below the minimum wage. The name of the act will be changed to the "Minimum Wage
and Remuneration Act".
Background
Currently certain types of work, such as pamphlet deliveries, are not subject to
any minimum wage requirements because remuneration is paid under a contract for
services. The Bill provides for such contractors to be paid not less than a minimum
rate, equivalent to the minimum wage. As is the case for the minimum wage, the rate
can be either hourly or on a piece rate basis.
The effect of the bill is to give the Governor-General power, by Order in Council,
to make regulations prescribing the minimum rates of remuneration payable to any
person working under a contract for services.
Regulations made may define minimum rates of remuneration by reference to the age
of the person performing the services or by piecework.
Any minimum rate of remuneration may be prescribed as a monetary amount or as a
percentage of any other minimum rate of remuneration prescribed under the regulations.
Despite anything to the contrary in any enactment, agreement, or contract for services,
every person in respect of whom a minimum rate of remuneration has been prescribed
under the Minimum Wage Act 1983, is entitled to receive payment for services at
not less than that minimum rate.
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